State Rep. Joe Brennan waives hearing on assault, DUI charges

State Rep. Joseph Brennan walks to his vehicle Wednesday after giving up… (HARRY FISHER, THE MORNING…)

October 24, 2012|By Nicole Radzievich", Of The Morning Call

State Rep. Joseph Brennan on Wednesday gave up his right to a preliminary hearing on charges assault and drunken-driving, sending the case to Northampton County Court.

The decision meant his wife, Norma Jane Brennan, who was in a nearby room and prepared to testify against him, did not have to take the stand yet to tell how he allegedly choked and punched her on the porch of their Fountain Hill home and then drove away while he was intoxicated.

Brennan, 48, is charged with driving under the influence, simple assault and harassment. The most serious charge, a misdemeanor, carries a maximum of two years in prison.

Stephen Van Natten, Lehigh County chief of prosecutions, declined to discuss whether there was a plea in the works during an impromptu news conference outside District Judge Michael Ponchron's office in Salisbury Township.

"Today's hearing was not to determine any proof beyond a reasonable doubt," Van Natten said. "That's for another day. The fact that he's a representative has no bearing on how it's going to be handled by the district attorney's office."

Brennan and his attorney, Joseph Yannuzzi, declined to comment as they walked past six members of the media gathered for the court appearance.

Bill Patton, spokesman for the Democratic Caucus, said he did not anticipate releasing a statement on the case but verified that Brennan has sought treatment since his Aug. 15 arrest. Brennan will be employed as a state legislator through Nov. 30, Patton said.

Brennan, a Democrat, successfully petitioned the Commonwealth Court to grant his request to be removed from the Nov. 6 ballot in the race against Republican David Molony in the 133rd District.

Daniel McNeill, a former union leader and Whitehall Township commissioner, replaced Brennan on the fall ballot. The 133rd House District includes parts of Bethlehem and east Allentown.

After pulling out of the race, Brennan issued a statement saying that he "truly regretted the entire situation." He acknowledged the public interest in his case because of the office he holds, but asked people to "balance that with my family's need for privacy during a painful and difficult time."

His wife had filed for divorce in June after 10 years of marriage and sought a protection-from-abuse order Aug. 16, saying that he had "not been abusive in the past."

He described in the statement recovery as "a daily struggle" and the hardest thing he has ever had to do, and that he would continue to work on it.

Brennan was arrested for drunken driving last year near his district office in Bethlehem. His blood-alcohol content was found to be nearly four times the legal limit. Bystanders said they saw him drive away after seeing him fall and hit his head.

He was accepted into a program for nonviolent, first-time offenders on the 2011 charges. Brennan said he had completed a 30-day inpatient treatment program.